Alberta Human Rights Information Service December 3, 2008

In this issue:

Commission news

Human rights and diversity news from Alberta Culture and Community Spirit

Other human rights and diversity news:
Alberta news
Canadian news
International news

Notice to subscribers


COMMISSION NEWS

1. December 10 is International Human Rights Day: This year marks the 60th anniversary of the signing of the Universal Declaration of Human Rights with celebrations being held worldwide. December 10, 1948 was the day on which the Declaration was signed by member nations of the United Nations. A Canadian, John Humphrey, was the primary author of the Declaration. The members of the UN hoped that the horrors of the recently ended war could be avoided if a universal code of human rights governed the behaviour of individuals and countries. Since its adoption in 1948, the Declaration has been a source of inspiration for national and international efforts to promote and protect human rights and fundamental freedoms. A special issue of AHRIS will be published on December 10, 2008.

2. New racial profiling publication: The Commission has published a new information sheet called Racial profiling. This information sheet includes:

  • a definition of racial profiling
  • a clarification of how individuals are protected under the Human Rights, Multiculturalism and Citizenship Act when racial profiling leads to discrimination, even though racial profiling is not specified as a protected ground in the Act
  • examples and consequences of racial profiling
  • suggestions on how to handle discrimination as a result of racial profiling

3. The Commission has recently updated its website with the following panel decisions, including a preliminary decision about a severance agreement:

Trevor Fitzhenry v. Dave Schemenauer (August 6, 2008; Brenda Chomey, Panel Chair; Reconsideration denied September 26, 2008)
Denial of rental accommodation due to presence of guide dog is discriminatory: A complainant with a visual disability was denied rental accommodation. The landlord respondent stated that dogs were not allowed in the rental accommodation. Despite explanations that the dog was a guide dog and needed to assist the man with daily life activities, the respondent would not allow the complainant to view the rental property. The panel found discrimination in the area of tenancy based on disability and awarded $2,500 general damages. A request for a reconsideration of the decision by the respondent was denied. The panel stated that the respondent did not meet the legal tests required for reconsideration.  

Andrew Rogerson v. Burnet Duckworth & Palmer LLP (Severance Agreement, October 27, 2008; Lori G. Andreachuk, Q.C., Panel Chair)
Release intended to be executed by parties; terms valid and enforceable and therefore Commission has no jurisdiction to proceed with complaint: A complainant lawyer alleged that his resignation/termination from the law firm was discriminatory. The respondent argued that although a release was not signed, there was an agreement for the respondent to resign in return for severance monies. Thus the respondent argued that the Commission did not have jurisdiction to proceed with a human rights complaint. The human rights panel held that a release was intended to be executed by the parties and there was no evidence of undue influence, duress, unconscionability, or lack of capacity. Further, the complainant had knowledge of human rights legislation and was sophisticated in terms of being a lawyer and having access to independent legal advice. The panel held that the Commission had no grounds to proceed with the complaint.   

4. Summary of an important court decision related to human rights:

Workeneh v. 922591 Alberta Ltd. operating as Community Comfort and Starr (Alberta Court of Queen's Bench October 9, 2008)
Court of Queen's Bench holds that the respondent contravened human rights legislation by paying a black woman less than her white colleagues because of race and colour: The complainant had alleged discrimination in that she, as a black woman, was paid significantly less than her fellow white workers. The respondent did not attend the hearing or call evidence. A human rights panel had found that the complainant had not established a prima facie case of discrimination. On appeal, the Court of Queen's Bench quashed the finding of the human rights panel and held that the panel had erred in failing to draw the appropriate inference of discrimination. The matter was remitted back to a differently constituted human rights panel for an assessment of damages.

5. Workplace drug and alcohol seminar: The Commission's Northern Regional Office Director, Louise Borlé, will present Human Rights Complaints: Administrative Practices and Policy Concerning Complaints of this Nature at the McLennan Ross LLP Workplace Drug and Alcohol Programs Seminar. The seminar will take place on February 3, 2009 in Edmonton. Read more. 

6. Welcoming and Inclusive Communities Project: The Commission and the Human Rights and Citizenship Branch of Alberta Culture and Community Spirit have entered into a Welcome and Inclusive Communities Project partnership with the Alberta Urban Municipalities Association (AUMA). The purpose of the partnership is to develop increased capacity to build Welcoming and Inclusive Communities (WIC) and to advance the Coalition of Municipalities Against Racism and Discrimination (CMARD), both in Alberta. The partnership will also serve to support municipalities in becoming more welcoming and inclusive, and to support their efforts to combat racism and discrimination. The objectives of the project are to:

  • create networks among municipalities, government departments and organizations engaged in building welcoming and inclusive communities and in CMARD;
  • expand and update tools and resources pertaining to welcoming and inclusive communities and CMARD;
  •  increase communication and outreach, and encourage more communities to become welcoming and inclusive; and
  •  serve as a source of information and support for municipalities implementing plans and initiatives toward becoming more welcoming and inclusive, and to evaluate outcomes. 

Under the partnership, AUMA has hired senior project coordinator Marc Colbourne. For more information, contact Marc Colbourne at mcolbourne@auma.ca or 780-288-5803.
  
7. Commission website homepage features new Did you know? section: Get to know the Commission's website and learn more about human rights by visiting our home page often. Our new Did you know? item on the home page is updated monthly. This month's Did you know? item includes:

8. AHRIS reader survey: Thank you to those who completed the AHRIS reader survey distributed in October 2008.  A total of 330 complete responses were received, which represents 10% of AHRIS subscribers. Results of the reader survey will be featured in the next regular issue of AHRIS.
 

PLEASE NOTE: In the following sections of the newsletter, we publish news and information provided by other organizations. We also link to other websites related to human rights and diversity. The Commission provides this information as a service and is not responsible for the content provided by other organizations on their websites or by other means. Please direct comments or inquiries regarding these organizations or their websites to the organization in question.

HUMAN RIGHTS AND DIVERSITY NEWS FROM ALBERTA CULTURE AND COMMUNITY SPIRIT

1. Significant dates:

International Day for Tolerance: November 16 was the International Day for Tolerance. The United Nations encouraged all to move beyond tolerance to the acceptance of others' differences. Read more.

International Day for the Elimination of Violence Against Women: Albertans commemorated November 25, the International Day for the Elimination of Violence against Women, by reflecting on the continuing occurrence of violence against women and recommitting their actions for preventing it. From the United Nations Development Fund for Women (UNIFEM) website: "Violence against women and girls continues unabated in every continent, country and culture. It takes a devastating toll on women's lives, on their families, and on society as a whole." Visit the UNIFEM website to read more.

16 Days of Activism Against Gender Violence: November 25 to December 10 mark the international campaign of 16 Days of Activism Against Gender Violence. This year's theme, Human Rights for Women <-> Human Rights for All: UDHR60, encourages all to advocate for women's rights, and work towards a world free of gender inequality, violence, discrimination and injustice. Read more.

National Day of Remembrance and Action on Violence Against Women: December 6 marks the anniversary of a tragic event in our country's history and is recognized as the National Day of Remembrance and Action on Violence Against Women. On this day in 1989, fourteen young women were murdered at Montreal's l'École Polytechnique because of their gender.

See the list of significant days on the Help Make a Difference website.
 

2. The Human Rights,  Citizenship and Multiculturalism Education Fund:

                    

The HRCM Education Fund provides financial assistance to community organizations that are undertaking human rights and diversity initiatives that lead to change.

Recent projects completed:

  • The Calgary Immigrant Women's Association (CIWA) received a grant from the HRCM Education Fund to use a train-the-trainer model to work with participants from four ethnic communities to inform women from these communities about their rights. The Human Rights in the Community Workshop Resources manual is intended for volunteers and employees of CIWA to deliver workshops. The materials are customized and translated to accommodate the needs of the different communities.


  • The Society for Safe and Caring Schools and Communities (SACSC) has developed a Policy Development Tool Kit with the support of the Canadian Heritage Multiculturalism Program and the HRCM Education Fund.

    The tool kit outlines strategies for school boards and administrators to develop or revise policies that sensitively and effectively address diversity issues, prejudice and discrimination. It offers help to implement programs and practices to celebrate diversity and to increase the understanding of and appreciation for visible, behavioural and cultural diversity. For more information about this resource, please contact SACSC at 780-447-9487.

Read about other projects that the HRCM Education Fund has funded.
 
Human rights and multiculturalism scholarship: Students pursuing graduate studies in Canadian human rights or multiculturalism are invited to apply for the Alberta Award for the Study of Canadian Human Rights and Multiculturalism. This award was established in recognition of Alberta's centennial and the contributions and experiences of our diverse population. The award is made possible through the Human Rights, Citizenship, and Multiculturalism Education Fund. There are two awards of $10,000 each - one for Master's level study and one for Doctoral level. The deadline for applications is February 1. Download the application form and read about past scholarship recipients.

OTHER HUMAN RIGHTS AND DIVERSITY NEWS

Alberta news

1. New plan to improve foreign qualifications recognition: Alberta Employment and Immigration has created a new plan to improve recognition of foreign-earned qualifications, training, and experience that sets a direction to help immigrants put their skills to work in Alberta. The plan incorporates and recognizes the critical role of employers, educational institutions, professional regulatory organizations and immigrant-serving agencies in the labour market integration of immigrants.  Read the document called A Foreign Qualification Recognition Plan for Alberta and the news release. Read more about foreign qualification recognition in Alberta.

2. Ukrainian Famine and Genocide (Holodomor) Memorial Day: On November 4, 2008, the Alberta government passed Bill 37 proclaiming a memorial day for the Ukrainian famine, or Holodomor. Every fourth Saturday in November is recognized as Ukrainian Famine and Genocide (Holodomor) Memorial Day. Alberta is the third province in Canada to pass such legislation. Canadian Parliament passed into law the Ukrainian Famine and Genocide (Holodomor) Memorial Day Act in June 2008.

3. National Bully Awareness Week: National Bully Awareness Week was November 17 to 21. The Government of Alberta offers a new website, Bully Free Alberta, that provides tools and resources to help youth, parents, and community members deal with bullying. Alberta is the first province to provide resources to address homophobic bullying.

A variety of print and web resources are available:

Read more about other resources.

Canadian news

1. Report on the Status of Women and Girls in Canada: The YWCA Canada recently released theYWCA Canada Report on the Status of Women and Girls in Canada. The report highlights several areas, including wage gap between women and men, homelessness for women, and violence against women and girls. The report's timing corresponds with the anniversary of the 1970 release of the report of the Royal Commission on the Status of Women in Canada. Read the news release.

2. Youth invited to stand up and speak out!: The Multiculturalism Program of the Department of Canadian Heritage has launched the 2008-09 Racism. Stop it! National Video Competition. This contest provides youth with the opportunity to submit videos (45 to 60 seconds) about the elimination of racial discrimination. Ten winning videos will be chosen to be broadcast on CBC/Radio-Canada on a regional and national level. Preview past winning videos. A tool kit to guide teachers and students is available online. The deadline is January 16, 2009, and entry forms are available online.

3. Report released on hate speech on the Internet: The Canadian Human Rights Commission (CHRC) released the Report to the Canadian Human Rights Commission Concerning Section 13 of the Canadian Human Rights Act and the Regulation of Hate Speech on the Internet. The report was prepared by Professor Richard Moon, an author and leading constitutional law expert at the University of Windsor. It is the CHRC's first step in a comprehensive policy review of how to address Internet hate messages.

International news

1. Think B4 You Speak website: The Gay, Lesbian and Straight Education Network and the Advertising Council launched the first national multimedia public service advertising campaign designed to address the use of anti-gay language among teens. The campaign encourages people to share alternatives to using phrases such as "that's so gay." The website http://www.thinkb4youspeak.com/ includes a 30-second video, tv advertisements, and activities.

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